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Judge to release indictment in JonBenet Ramsey case

Judge: Charges were prepared against John and Patricia Ramsey

By Mitchell Byars, Camera Staff Writer

Posted:
10/23/2013 10:50:11 AM MDT

Updated:
12/28/2016 02:53:20 PM MST

John Ramsey looks on as his wife, Patsy, holds an advertisement promising a reward for information leading to the arrest and conviction of the murderer of their 6-year-old daughter, JonBenet, during an interview Thursday, May 1, 1997, in Boulder, Colo. A judge has ordered the release of the grand jury indictment of both parents.
(PATRICK DAVISON)

A judge has ordered the release of the indictment against John and Patsy Ramsey in the death of their 6-year-old daughter, a set of documents that has been sealed since the grand jury was dismissed in 1999.

Retired Weld County Judge Robert Lowenbach ruled Wednesday that the indictment will be unsealed. His ruling was in response to a lawsuit brought by Daily Camera reporter Charlie Brennan and the Reporters Committee for Freedom of the Press seeking the release of the unprosecuted indictment of the Ramseys.

Boulder County District Attorney Stan Garnett turned over the documents for Lowenbach to review Tuesday.

The Camera reported earlier this year that the Boulder County grand jury investigating the JonBenet Ramsey case voted in October 1999 to indict her parents on charges of child abuse resulting in death, but the DA at the time -- Alex Hunter -- refused to sign the document and prosecute the Ramseys.

The three-year statute of limitations on the reported charges in the indictment would have expired in 2002.

According to the court order, the documents submitted to the court by Garnett consist of 18 pages, nine relating to each of JonBenet's parents. It's unclear exactly how many of those pages will be released.

"It appears that the District Attorney, presumably acting at the discretion of the grand jury, prepared a series of possible charges regarding John Ramsey and Patricia Ramsey based on the fact that the child had died and that there was evidence that a sexual assault of the child had occurred," Lowenbach wrote.

He ruled that only pages signed by the foreman of the grand jury would be considered "official actions" of the grand jury and would thus be releasable.

Thomas Kelley, an attorney for Brennan and the press group, said he was not surprised Lowenbach released the documents given his earlier rulings in the case.

"I'm glad the judge stuck to his guns and released it," Kelley said.

Garnett had previously rejected two requests by the Camera and Brennan seeking the release of the indictment under the Colorado Open Records Act.

"As with every other aspect of this issue, we will handle the matter consistent with the role of the district attorney as I see it and in a way applicable with court orders," Garnett said Wednesday regarding the release of the indictment.

John Ramsey stated in a letter to Garnett on Sunday that he objected to the release of the indictment without the entire grand jury record also being released.

But in the order, Lowenbach said grand jury transcripts and other evidence did not constitute "official action" and would not be released.

"The court is sympathetic to the position of Mr. Ramsey but has nonetheless concluded that as an 'official action' of the grand jury, the 'indictment' signed by the foreman of the grand jury must be disclosed," Lowenbach wrote. "The request of Mr. Ramsey to release the entire record of the grand jury cannot be granted. Such an action would set a precedent that would impede other grand juries in performing their functions under statute and rule."

Hal Haddon, an attorney for John Ramsey who wrote the letter objecting to the release of the indictment, did not return requests for comment Wednesday.

JonBenet Ramsey was found dead Dec. 26, 1996, in the basement of her family's Boulder home, 755 15th St. -- which is now 749 15th St. -- several hours after Patsy Ramsey called 911 to say her daughter was missing and that a ransom note had been left behind.

On Oct. 13, 1999, more than a year after the case went to a grand jury, then-DA Hunter announced that the grand jury investigation had come to an end and that no charges would be filed due to a lack of evidence.

When reached by phone Tuesday, Hunter declined to comment on the ruling.

"I feel that I'm governed by the state statutes concerning prosecutors and grand jury hearings, and that is the basis for my no comment," Hunter said.

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